Areas of Law / Wills and Probate

If a person dies and the sole executor is the next of kin, does probate have to be applied for when everything such as bank accounts and the house are in joint names? Does the executor have to send inheritance tax forms to the tax office even if no inheritance tax is due?

As a general rule assets which are held in joint names will pass automatically by survivorship to the surviving joint owner. Ordinarily therefore it should not be necessary to obtain probate or deliver an inheritance tax return where no tax liability arises. An exception might be where the house is held as beneficial tenants in common. In that case probate might be required to enable the executor to transfer the deceased’s interest in the property in accordance with the terms of the will of the first joint owner to die. 

What our clients say about our lawyers

Very useful and professional advice, thank you.

Another Happy Customer

Read More

About Us

Leading legal advisors, problem solvers – all round good guys! We’re firm believers in a practical, no nonsense approach to law. Forget the jargon, we like to keep it simple – why complicate matters? No stress, no worry, just straightforward solutions to your legal issues. Free legal advice at your fingertips, from the experts to your inbox. is owned and operated by Farleys Solicitors LLP, a member of The Law Society and is regulated in the practice of law by the Solicitors Regulation Authority, Registration No: 484687. Any advice given on this site or in response to any question is only applicable to the law of England and Wales.

Privacy Policy | Terms